The Honorable W. Hunter Nowell
Office of the Attorney GeneralAugust 30, 2019
2019 WL 7485287 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 Opinion No. 2019-00250
*1 August 30, 2019
Re: Housing of Juveniles
*1 The Honorable W. Hunter Nowell
*1 Bolivar County Youth Court Judge
*1 Post Office Box 188
*1 Cleveland, MS 38732-0188
Dear Judge Nowell:
*1 Attorney General Jim Hood is in receipt of your opinion request and has assigned it to me for research and reply.
Background and Issues Presented
Your request states, in pertinent part:
*1 I am the County Court and Youth Court Judge for Bolivar County. I need some guidance regarding a recurring issue between the Bolivar County Temporary Juvenile Holding Facility and the Bolivar County Correctional Facility.
* * *
*1 My questions are:
*1 1. Is a court order required to detain a juvenile in an adult jail pending a charge that falls within the original jurisdiction of the Circuit Court?
*1 2. If not, is the jail free to process juveniles charged with aggravated assault, rape, etc. just as if they are an adult?
*1 3. Does the Youth Court have jurisdiction to conduct a transfer hearing once the child has been charged as an adult for a crime that falls outside of Youth Court Jurisdiction?
Brief Response
*1 There is no mandate that a youth court transfer order require detention of a juvenile in an adult jail pending a charge that falls within the original jurisdiction of the circuit court pursuant to Section 43-21-151 of the Mississippi Code Annotated. The jail should process juveniles who commit crimes in the original jurisdiction of the circuit court in the same manner as it processes adults. However, the juvenile should not be placed in a cell with adult inmates. The youth court does not have jurisdiction to conduct a transfer hearing once a juvenile has been charged as an adult pursuant to Section 43-21-151(1).
Discussion and Legal Analysis
*1 Section 43-21-151 of the Mississippi Code prescribes the jurisdictional limits for youth courts. Section 43-21-151 states, in pertinent part:
*1 (1) The youth court shall have exclusive original jurisdiction in all proceedings concerning a delinquent child, a child in need of supervision, a neglected child, an abused child or a dependent child except in the following circumstances:
*1 (a) Any act attempted or committed by a child, which if committed by an adult would be punishable under state or federal law by life imprisonment or death, will be in the original jurisdiction of the circuit court;
*1 (b) Any act attempted or committed by a child with the use of a deadly weapon, the carrying of which concealed is prohibited by Section 97-37-1, or a shotgun or a rifle, which would be a felony if committed by an adult, will be in the original jurisdiction of the circuit court;
* * *
*1 Therefore, if a juvenile commits an act described in Section 43-21-151(1), the original jurisdiction for such charge lies in the circuit court. Both Section 43-21-157 and Section 43-21-159 of the Mississippi Code Annotated deal with youth court transfers. Section 43-21-157(8) states, in pertinent part:
*2 (8) When jurisdiction of an offense is transferred to the circuit court, or when a youth has committed an act which is in original circuit court jurisdiction pursuant to Section 43-21-151, the jurisdiction of the youth court over the youth for any future offenses is terminated, except that jurisdiction over future offenses is not terminated if the circuit court transfers or remands the transferred case to the youth court or if a child who has been transferred to the circuit court or is in the original jurisdiction of the circuit court is not convicted. However, when jurisdiction of an offense is transferred to the circuit court pursuant to this section or when an offense committed by a youth is in original circuit court jurisdiction pursuant to Section 43-21-151, the circuit court shall thereafter assume and retain jurisdiction of any felony offenses committed by such youth without any additional transfer proceedings ....
*2 (Emphasis added). Section 43-21-159(4) states:
*2 (4) In any case wherein the defendant is a child as defined in this chapter and of which the circuit court has original jurisdiction, the circuit judge, upon a finding that it would be in the best interest of such child and in the interest of justice, may at any stage of the proceedings prior to the attachment of jeopardy transfer such proceedings to the youth court for further proceedings unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult and was convicted or has previously been convicted of a crime which was in original circuit court jurisdiction, and the youth court shall, upon acquiring jurisdiction, proceed as provided in this chapter for the adjudication and disposition of delinquent child proceeding proceedings. If the case is not transferred to the youth court and the youth is convicted of a crime by any circuit court, the trial judge shall sentence the youth as though such youth was an adult. The circuit court shall not have the authority to commit such child to the custody of the Department of Youth Services for placement in a state-supported training school.
*2 (Emphasis added). In a previous opinion to Deputy Sonja Palmer dealing with juveniles who are charged as adults under Section 43-21-159(1), this office opined:
*2 While the above quoted statute does not specify where a juvenile charged with DUI should be held prior to trial, the legislative intent is clear that a juvenile charged with DUI should be treated as an adult with respect to that charge. Therefore, it is the opinion of this office that the court with original jurisdiction over the juvenile charged with a DUI should hold the juvenile in the adult jail. However, the juvenile should not be placed in a cell with other adult inmates. The juvenile should be processed, i.e. fingerprinted and photographed, as if he is an adult ....
*2 MS AG Op., Palmer (August 16, 1996). (Emphasis added).
*2 While the Palmer opinion addressed a different subsection of Section 43-21-159, the same interpretation of what it means to treat a juvenile as an adult would apply. In response to your first question, there is no mandate that a youth court transfer order require detention of a juvenile in an adult jail pending a charge that falls within the original jurisdiction of the circuit court. In response to your second question, the jail should process juveniles who commit crimes in the original jurisdiction of the circuit court in the same manner as it processes adults. However, likewise here, the juvenile should not be placed in a cell with other adult inmates. With regard to your third question, the youth court does not have jurisdiction to conduct a transfer hearing once a juvenile has been charged as an adult pursuant to Section 43-21-151(1), because those crimes are in the original jurisdiction of the circuit court. If we may be of further assistance, please advise.
2019 WL 7485287 (Miss.A.G.)
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